Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-02-21

my house, and this LIE was finally
adopted. l also offered to give the right
of way on another line that was run, but
which did not come through the best resi-
dence property had. l finally offered to
choose a man and let the committee
choose one and they two third if
necessary, and agreed to accept what
damages they gave me, but this they
would not do. As it is there is one cut
one thousand feet long and running to
depth of seven feet, besides other smaller
cuts. When the contractor first cut my
fence and went to work and | ordered
him to quit, he said N. Johnston of the
right of way committee had told him it
would be all right for him to go to work.
Johnston knew better at the time.
About January % the contractor begged
permission to do some work in that
month in order to get an estimate to
keep him from bankruptcy, and he was
allowed to work until February l, and
then stopped and promised not to work
any more till the matter had been set
tied. About the LIST of February, Just
after condemnation proceedings had been
begun, L. c. Barrett, an attorney here,
and bondsman on the right OF way, said
be would accept my offer to turn over
my house, barns, ETC., and the S33 acres
of land at cost, S,235 three years ago.
He represented that A. D. Goodenough,
another bondsman and loan agent, was
his partner in the trade.
Next day he came and wanted to fix it
up in this novel way. He wanted me to
execute g deed, acknowledging consider
alton of $50, 900, of which So, 900 was to
be stated as cash paid (?) and take a note
for the Sl8, 900. Then he and his partner,
he said, could get a good loan on the
property, pay off the note to me and have
something left. This, to say the least,
was very questionable business propo-
sltion, but it did not work.
The first suit for condemnation came
up February 4, but fearing the sutficiency
of their papers the bondsmen refused to
try it. On the 9Th LETT for Gainesville
and Dallas, and returned on the 18th.
In my absence papers were served on W.
B. Stickney, who keeps my hooks, and
next day, the 9th, the contractor went to
work. | had J. H. Stephens, my after
ney, institute proceedings TO enjoin the
parties, and the papers were taken to
Judge 2. NJ. Stein, at Graham, who
granted the writ on the 18th and it was
on the 18th found the men at work and
ordered the men out, and they went, but
had no gun. On the 18th the condem-
nation proceedings came up again, and,
after the commissioners held that service
on w. B. Stickney was just as good as
service on me, my attorney did not appear
further in the trial. The commissioners
allowed me S24l 40. When the first pro-
ceedings failed my attorney wrote to our
honorable County Judge and asked him
to appoint new commissioners, it being a
new proceeding, and asked for disin.er-
ested, impartial men, and alleging out
spoken prejudice on the part OF one of the
old ones. This man was retained and two
others appointed. Our town was to give
the Gainesville, Henrietta and Western
Railroad Company S38,00O cash and the
right of way through the county
Six others and myself made 3
bond for $3.50 of this amount
and the right of way outside the
city limits-of this same, my part will
reach fully S3250, besides the right of
way, and gave one and half miles Of
right of way through my land ten miles
east of town. The remaining SIS 900 and
right OF way through the town falls to the
lot Of some thirty-tive or forty business
men and others in this city. l think
have given the railroad all that could be
expected of me, and at least all desire
to give, and l do not feel legally or
morally obligated to donate anything
further, and now simply ask for reason
able damages. J. B. Hopkins OF the Hen
rietta Independent says that the award of
S24l 40 is generally conceded to be liberal.
presume so. To some it may possibly
have offered $500 to have the dumps of red
dirt hauled away, the award don't strike
me that way. Thanking You for your
valuable space, AIN yours, etc,
W. B. WORsHAM.